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Per Memoriam Ad Spem

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UT TR H A F ND O N F O R I I S E S N I D M S H M I O P C I N D E O T N S E LE SI R- A - TIMO PER MEMORIAM AD SPEM FINAL REPORT OF THE COMMISSION OF TRUTH AND FRIENDSHIP (CTF) INDONESIA - TIMOR-LESTE FINAL REPORT OF THE COMMISSION OF TRUTH AND FRIENDSHIP (CTF) INDONESIA - TIMOR-LESTE !e title of the Commission’s Final Report, Per Memoriam ad Spem, is from Latin, which means ”through memory towards hope”. !e rice stalk signifies prosperity and peace. !e brown background represents honesty and reliability, and gives a sense of mental and physical wholesomeness. As a whole, the elements of the Final Report cover reflect the nature and the qualities required throughout the process of the Commission’s mandate implementation. !e combination of all these elements have produced the findings elaborated in this Report, as a memory in the form of lessons learned. !ese lessons will then become the foundation to build a future where past wrongs will not be repeated. It is our hope that the future as reflected above will transpire. 2 3 FOREWORD Based on shared experience and prompted by a strong desire to move forward in order to strengthen peace and friendship, Indonesia and Timor Leste have resolved to settle residual issues of the past through common effort. It is a fact that the people of the two nations have gone through a lengthy road in overcoming a part of their sometimes painful past. With the resolve to learn from the causes of past violence in order to strengthen the foundation for reconciliation, friendship, peace, and prosperity, this common effort was realized by the Governments of Indonesia and Timor-Leste through the establishment of the Commission of Truth and Friendship (CTF) Indonesia – Timor Leste. After going through an initial stage that was full of challenges, the Commission was finally able to finish a Report addressing one of the residual issues between Indonesia and Timor Leste regarding various acts of violence surrounding the Popular Consultation in East Timor in 1999. !e Commission’s mandate tasked it with establishing the Conclusive Truth regarding human rights violations reported to have occurred prior to, immediately after the Popular Consultation on 30 August 1999 and to prepare recommendations that can contribute to healing wounds of the past and strengthen friendship. !ese recommendations aim at realizing a shared historical record that can form the basis for a peaceful and prosperous future for the two nations. !e Final Report of the Commission, entitled Per Memoriam Ad Spem, is the Commission’s response to its mandate. Since it officially began exercising its mandate on 11 August 2005, the Commission has designed metholodogies and programs intended to reveal the Conclusive Truth regarding human rights violations in 1999 in three main phases, namely: the (1) A Document Review of four bodies of documents from KPP-HAM Timor Timur, CAVR Timor Leste, the Jakarta Ad Hoc Human Rights Tribunal and the Special Panels for Serious Crimes in Dili; (2) A Fact Finding process; and (3) !e Commission’s Final Report. !e Commission’s Final Report was a result of a combined analysis of Findings and Conclusions from the Commission’s Document Review Process and Fact Finding Process. !e Report thus represents an account of the Commission’s work for two-and-a-half years since its inception in the last quarter in 2005. i !rough its process of truth seeking in the preparation of its Report, the Commission has Indonesian, Timor-Leste and international NGOs, as well as Centre for Internal reflected on all views in an atmosphere of openness, mutual respect, and a future-oriented Displacement Service (CIS) Kupang and the Peace and Justice Commission of Kupang reconciliatory approach. !e Commission hopes that “Per Memoriam Ad Spem” will open up Archdiocese; hope in the future. !e result of the Commission’s work asks the leadership of the two nations to accept events of the past with openness and sincerity and to work together to formulate real Mass media, both print and electronic, from both countries as well as international measures promoting future change. media; !e Commission believes that events of the past should never shackle the two nations in a All other parties whom we cannot mention one by one, for the cooperation, partnership, space devoid of hope. !e past must be accepted and agreed as a common footstep to open a advice and criticisms that hasve helped the Commission in carrying out its work. new page of history. Revealing events of the past based on factual and conclusive truth serves as the foundation for the two nations to pave a new road towards cooperation that can empower Specifically the Commission would like to thank the Co-Directors of the Joint Secretariat, each other in the spirit of eternal friendship. as well as all staff, including the translation team, who have enabled this Final Report to be materialized according to their respective roles. It is the Commission’s sincere intention to make this Report a joint effort that enables the two nations to move forward in friendship. !is requires !is requires strengthening pillars Most importantly, the Commission would like to profoundly state its highest appreciation of peace and friendship that reach all layers of society in the two nations. It is on this basis to all parties who have answered the Commission’s invitation to appear and participate that the Commission has chosen to use a Latin phrase as the title of this Report, that is, Per in the Commission’s process to reveal the Conclusive Truth. !e Commission appreciates Memoriam Ad Spem, which the Commission understands as meaning to look into and take the opinions as well as testimonies conveyed by each individual who appeared before the lessons from past experience to create a future full of hope. Commission as input to be further analyzed in the Commission’s process. In the exercise of its mandate, the Commission has received valuable support from the !e world has seen many Truth and Reconciliation Commission, but this Commission leadership of the two states, government institutions, expert advisors, academics and other is the first Truth and Friendship Commission in the world established by two states, and sources, media, non-governmental organizations and individuals, both in Indonesia and in will become an historical precedent as a comparison for other such Commissions that may Timor-Leste. For that reason, the Commission would like to extend its highest gratitude and be established in the future. Its nature as the first bi-national Commission in the world, appreciation to: aside from basing its mandate on the concept of restorative justice that is not linked with retributive justice, the Terms of Reference also provides a challenege to the Commission to President of the Republic of Indonesia and President and Prime Minister of the seek institutional responsibility, a concept that is not recognized in criminal law. All of us, in Democratic Republic of Timor-Leste along with officials and institutions of both states; particular those involved in the Commission’s process, have been a part of an historical event. Minister of Foreign Affairs of the Republic of Indonesia and the Democratic Republic of !e present generation owes the future generation to mend all broken relationships and lay a Timor-Leste; strong foundation for a future that shines, and is full of hope. Public officials, police and military of both states; Finally, mindful that nobody is perfect, the Commission hereby submits this Report to the Leaders of Indonesia and Timor-Leste in accordance with its mandate. We hope that this Government of Bali Province who have provided the place and helped the Commission Report will serve as an important step to open up a new page in the relationship between the so that its organization aspect in the mandate implementation proceeded smoothly; two nations. Government of East Nusa Tenggara Province; Prof. Dr. David Cohen, expert in International Criminal Law and Director of Center for Denpasar, 31 March 2008 War Crime Studies, University of California, Berkeley, and his entire research team; Commission of Truth and Friendship Prof. Dr. Robert Evans, Direktur, Plowshares Institute and Dr. Alice Evans; Indonesia – Timor Leste Sources and academics from both countries as well as from the international community who have shed light on aspects pertaining to the context and constellation of East Timor issues, including for the period prior, during and after the Popular Consultation in East Timor in 1999; ii iii REFLECTION BY THE COMMISSION Both Indonesian and Timor-Leste commissioners have worked together since August 2005 until May 2008 as part of the Commission of Truth and Friendship Indonesia – Timor- Leste. !e responsibility borne by the commissioners in carrying out the mandate to seek the conclusive truth and to build reconciliation and friendship between the peoples of Indonesia and Timor-Leste is not a light one. On such realization, the Commissioners would like to extend their gratitude to the mandate givers from the Republic of Indonesia and the Democratic Republic of Timor-Leste for the trust given to us, the commissioners, who were appointed to sit in the Commission of Truth and Friendship Indonesia – Timor-Leste. We too have gained experience from the process of exercising the mandate of the Commission, that it is not easy to reach agreements on the conclusive truth. !is requires moral courage, humility and wisdom to be able to release oneself from emotional ties, and keep a distance from the violent events that took place in East Timor in 1999, in order to take a more objective and enlightened approach to build a better future between the two nations.
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